Memo

BILL NUMBER:S4718A

TITLE OF BILL: An act to amend the penal law, the executive law, and the general business law, in relation to offenses relating to possession or sale of fireworks and sparkling devices; and to repeal certain provisions of the penal law relating thereto

PURPOSE: This bill is intended to modernize the statute dealing with illegal fireworks, provide additional definitions of what constitutes fireworks and dangerous fireworks and take certain novelty devices, which are not recognized as fireworks by the federal government out of the definition of fireworks.

SUMMARY OF PROVISIONS:

Section one of this bill amends subdivisions 1, 2 and 3 of section 270.00 of the penal law to remove from its definition of "Fireworks" and "Dangerous Fireworks" sparkling devices, novelties, toy caps, and similar devices as defined by APA Standard 87-1,2001 edition.

Additionally this section provides definitions for "display fireworks", "articles pyrotechnic" and "special effects", all of which are included under the definition of "Fireworks." It also removes flares, sparkling devices and other novelties from the terms "fireworks" and "dangerous fireworks." The definitions of "fireworks" and "dangerous fireworks" remain unchanged and include sparkling devices in cities with a population of one million or more.

Subdivision 2 creates the crime of unlawful sale of dangerous fireworks to a minor is amended to include the sale of fireworks, sparkling devices and novelties.

EXISTING LAW: Section 270.00 of the penal law was derived from section 1844a of the Penal Law of 1909 which was enacted into law in 1940. In 1997 certain fireworks were reclassified as "dangerous fireworks". These fireworks are capable of causing serious physical injury and include torpedoes, skyrockets, Roman candles and bombs. Current law penalizes as a violation the possession or use of fireworks or dangerous fireworks, and penalizes as a class B misdemeanor the sale of fireworks or dangerous fireworks. Any person who sells fireworks or dangerous fireworks valued at $500 or more, or who sells dangerous fireworks to a minor, is guilty of a class A misdemeanor. Finally, any person who has previously been convicted of the sale of dangerous fireworks within the past five years is guilty of a class E felony.

JUSTIFICATION: The current law has not been used effectively in part because of poor definitions. Courts have thrown out indictments because of poor definitions of the term fireworks. This bill strengthens those definitions. In addition very few arrests and convictions have been obtained under the current statute. Since 1956, 63 convictions have been obtained Statewide. In 1999 and 2000 only five convictions were obtained.

By modernizing the statute and clearly defining fireworks, dangerous fireworks and novelty devices, the bill will provide law enforcement with an important tool in reducing the use of illegal fireworks and

homemade devices and encouraging the use of safe and legally regulated novelty devices. The amendments provide for technical changes to the definitions of "explosive composition" and "pyrotechnic composition,"

They also update the current definition of sparkler's as either wood stick or wire, and define handheld or ground based sparkling devices (also known as cone or cylindrical fountain sparklers) as a separate category of fireworks.

The Consumer Products Safety Commission (CPSC) has outlawed sparklers containing magnesium therefore the old definition is replaced by a definition of these devices based upon the weight of the pyrotechnic composition as used by both the CPSC and the United States Department of Transportation. Explosive or aerial sparkling devices are added to the list of dangerous fireworks and the provision making sparklers more than ten inches in length or one-fourth of an inch in diameter is deleted, as these sparklers would now be judged by weight of pyrotechnic composition, not length or size.

Sparklers would still be defined as fireworks and still be banned with out an appropriate permit, assuming the weight requirement was met. To meet the concerns of the City of New York, the definition of novelty devices is subdivided into four separate categories and all novelty devices would still be deemed fireworks and prohibited by this legislation in cities with a population in excess of one million.

In other areas of the state, possession and sale of these items would be permitted. A second category would include handheld and around based sparkling devices which are nonexplosive and non-aerial and which contain small amounts of pyrotechnic composition. This amended bill would permit these items to be possessed and sold in New York State.

As mentioned above, in cities with a population of one million or more these items would continue to be deemed "fireworks" and prohibited in such city by the provisions of this amendment.

A third category would include toy pistols and toy caps which currently are not considered fireworks under the Penal Law. The last category of novelty devices includes trick noisemakers, including party poppers, snappers and drop pops containing very small amounts of explosive composition. It is believed these items, very similar to toy cap guns, are not covered by the current statute and their legal status statewide needs to be clarified.

The amendment prohibits the sale of sparkling devices to minor under the age of eighteen. Pursuant to the amendments, a repeat sale to a minor of these items subjects the offender to felony prosecution.

FISCAL IMPLICATIONS: To be determined. There will be considerable revenue from state sales tax.

LOCAL FISCAL IMPLICATIONS: Possible additional sales tax revenues. There will be greater law enforcement efficiency due to clearer definitions of terms.

EFFECTIVE DATE: This act shall take effect on the 60th day after it shall have become law.

Text

STATE OF NEW YORK
________________________________________________________________________
4718--A
2013-2014 Regular Sessions
IN SENATE
April 19, 2013
___________

Introduced by Sen. NOZZOLIO -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- reported favora-
bly from said committee and committed to the Committee on Finance --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the penal law, the executive law, and the general busi-
ness law, in relation to offenses relating to possession or sale of
fireworks and sparkling devices; and to repeal certain provisions of
the penal law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1, 2, and 3 of section 270.00 of the penal law
are REPEALED and three new subdivisions 1, 2, and 3 are added to read as
follows:
1. DEFINITION OF "FIREWORKS" AND "DANGEROUS FIREWORKS".
(A) THE TERM "FIREWORKS," AS USED IN THIS SECTION, INCLUDES:
(I) DISPLAY FIREWORKS, WHICH MEANS FIREWORKS DEVICES IN A FINISHED
STATE, EXCLUSIVE OF MERE ORNAMENTATION, PRIMARILY INTENDED FOR COMMER-
CIAL DISPLAYS WHICH ARE DESIGNED TO PRODUCE VISIBLE AND/OR AUDIBLE
EFFECTS BY COMBUSTION, DEFLAGRATION OR DETONATION, INCLUDING, BUT NOT
LIMITED TO, SALUTES CONTAINING MORE THAN 130 MG (2 GRAINS) OF EXPLOSIVE
COMPOSITION, AERIAL SHELLS CONTAINING MORE THAN 40G OF CHEMICAL COMPOSI-
TION EXCLUSIVE OF LIFT CHARGE, AND OTHER EXHIBITION DISPLAY ITEMS THAT
EXCEED THE LIMITS OF CONSUMER FIREWORKS CONTAINED IN THE AMERICAN PYRO-
TECHNIC ASSOCIATION (APA) STANDARD 87-1, 2001 EDITION;
(II) ARTICLES PYROTECHNIC, WHICH MEANS PYROTECHNIC DEVICES FOR PROFES-
SIONAL USE SIMILAR TO CONSUMER FIREWORKS IN CHEMICAL COMPOSITION AND
CONSTRUCTION BUT NOT INTENDED FOR CONSUMER USE AND WHICH ARTICLES MEET
THE WEIGHT LIMITS FOR CONSUMER FIREWORKS BUT ARE NOT LABELED AS SUCH AND
ARE CLASSIFIED BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION IN 49
CFR 172.101 AS UN0431;

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09141-03-3

S. 4718--A 2

(III) SPECIAL EFFECTS, WHICH MEANS ANY COMBINATION OF CHEMICAL
ELEMENTS OR CHEMICAL COMPOUNDS CAPABLE OF BURNING INDEPENDENTLY OF THE
OXYGEN OF THE ATMOSPHERE, AND DESIGNED AND INTENDED TO PRODUCE AN AUDI-
BLE, VISUAL, MECHANICAL, OR THERMAL EFFECT AS AN INTEGRAL PART OF A
MOTION PICTURE, RADIO, TELEVISION, THEATRICAL, OR OPERA PRODUCTION, OR
LIVE ENTERTAINMENT;
(IV) CONSUMER FIREWORKS WHICH ARE AERIAL IN PERFORMANCE AND ARE
COMMONLY REFERRED TO AS SKY ROCKETS, BOTTLE ROCKETS, MISSILE TYPE ROCK-
ETS, HELICOPTERS, AERIAL SPINNERS, ROMAN CANDLES, MINES, SHELL DEVICES,
AERIAL SHELL KITS, RELOADABLES AND AUDIBLE GROUND DEVICES WHICH ARE
COMMONLY REFERRED TO AS FIRECRACKERS AND CHASERS, AS WELL AS METAL WIRE
HANDHELD SPARKLERS; AND
(V) IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, THE TERM
"FIREWORKS" SHALL ALSO INCLUDE ANY BLANK CARTRIDGE, BLANK CARTRIDGE
PISTOL, OR TOY CANNON IN WHICH EXPLOSIVES ARE USED, FIRECRACKERS, SPARK-
LERS OR OTHER COMBUSTIBLE OR EXPLOSIVE OF LIKE CONSTRUCTION, OR ANY
PREPARATION CONTAINING ANY EXPLOSIVE OR INFLAMMABLE COMPOUND OR ANY
TABLETS OR OTHER DEVICE COMMONLY USED AND SOLD AS FIREWORKS CONTAINING
NITRATES, CHLORATES, OXALATES, SULPHIDES OF LEAD, BARIUM, ANTIMONY,
ARSENIC, MERCURY, NITROGLYCERINE, PHOSPHORUS OR ANY COMPOUND CONTAINING
ANY OF THE SAME OR OTHER EXPLOSIVES, OR ANY SUBSTANCE OR COMBINATION OF
SUBSTANCES, OR ARTICLE PREPARED FOR THE PURPOSE OF PRODUCING A VISIBLE
OR AN AUDIBLE EFFECT BY COMBUSTION, EXPLOSION, DEFLAGRATION OR DETONA-
TION, OR OTHER DEVICE CONTAINING ANY EXPLOSIVE SUBSTANCE.
(B) THE TERM "DANGEROUS FIREWORKS" MEANS ANY FIREWORKS CAPABLE OF
CAUSING SERIOUS PHYSICAL INJURY AND WHICH ARE: FIRECRACKERS CONTAINING
MORE THAN FIFTY MILLIGRAMS OF ANY EXPLOSIVE SUBSTANCE, TORPEDOES,
SKYROCKETS AND ROCKETS INCLUDING ALL DEVICES WHICH EMPLOY ANY COMBUSTI-
BLE OR EXPLOSIVE SUBSTANCE AND WHICH RISE IN THE AIR DURING DISCHARGE,
ROMAN CANDLES, AND BOMBS, PROVIDED, HOWEVER, THAT IN CITIES WITH A POPU-
LATION OF ONE MILLION OR MORE, THE TERM "DANGEROUS FIREWORKS" SHALL ALSO
INCLUDE SPARKLERS MORE THAN TEN INCHES IN LENGTH OR ONE-FOURTH OF ONE
INCH IN DIAMETER, OR CHASERS INCLUDING ALL DEVICES WHICH DART OR TRAVEL
ABOUT THE SURFACE OF THE GROUND DURING DISCHARGE.
(C) "FIREWORKS" AND "DANGEROUS FIREWORKS" SHALL NOT BE DEEMED TO
INCLUDE THE FOLLOWING NOR SHALL THE PURCHASE AND USE OF ANY ITEMS LISTED
BELOW BE SUBJECT TO THE PROVISIONS OF SECTION 61 OF TITLE 12 OF THE NEW
YORK STATE CODES, RULES AND REGULATIONS OR SECTION FOUR HUNDRED EIGHTY,
FOUR HUNDRED EIGHTY-ONE, FOUR HUNDRED EIGHTY-TWO OR FOUR HUNDRED EIGHT-
Y-THREE OF THE GENERAL BUSINESS LAW;
(I) FLARES OF THE TYPE USED BY RAILROADS OR ANY WARNING LIGHTS COMMON-
LY KNOWN AS RED FLARES, OR MARINE DISTRESS SIGNALS OF A TYPE APPROVED BY
THE UNITED STATES COAST GUARD, OR
(II) TOY PISTOLS, TOY CANES, TOY GUNS OR OTHER DEVICES IN WHICH PAPER
CAPS CONTAINING TWENTY-FIVE HUNDREDTHS GRAINS OR LESS OF EXPLOSIVE
COMPOUND ARE USED, PROVIDING THEY ARE SO CONSTRUCTED THAT THE HAND
CANNOT COME IN CONTACT WITH THE CAP WHEN IN PLACE FOR USE, AND TOY
PISTOL PAPER CAPS WHICH CONTAIN LESS THAN TWENTY-HUNDREDTHS GRAINS OF
EXPLOSIVE MIXTURE, THE SALE AND USE OF WHICH SHALL BE PERMITTED AT ALL
TIMES, OR
(III) BANK SECURITY DEVICES WHICH CONTAIN NOT MORE THAN FIFTY GRAMS OF
ANY COMPOUND OR SUBSTANCE OR ANY COMBINATION THEREOF, TOGETHER WITH AN
IGNITER NOT EXCEEDING 0.2 GRAM, CAPABLE OF PRODUCING A LACHRYMATING
AND/OR VISIBLE OR AUDIBLE EFFECT, WHERE SUCH DEVICE IS STORED OR USED
ONLY BY BANKS, NATIONAL BANKING ASSOCIATIONS, TRUST COMPANIES, SAVINGS
BANKS, SAVINGS AND LOAN ASSOCIATIONS, INDUSTRIAL BANKS, OR CREDIT

S. 4718--A 3

UNIONS, OR BY ANY MANUFACTURER, WHOLESALER, DEALER, JOBBER OR COMMON
CARRIER FOR SUCH DEVICES AND WHERE THE TOTAL STORAGE ON ANY ONE PREMISES
DOES NOT EXCEED ONE HUNDRED DEVICES.
(C-1) EXCEPT IN CITIES WITH A POPULATION OF ONE MILLION OF MORE,
"FIREWORKS" AND "DANGEROUS FIREWORKS" SHALL NOT BE DEEMED TO INCLUDE THE
FOLLOWING, NOR SHALL THE PURCHASE AND USE OF ANY ITEMS LISTED BELOW BE
SUBJECT TO THE PROVISIONS OF SECTION 61 OF TITLE 12 OF THE NEW YORK
STATE CODES, RULES AND REGULATIONS OR SECTION FOUR HUNDRED EIGHTY, FOUR
HUNDRED EIGHTY-ONE, FOUR HUNDRED EIGHTY-TWO OR FOUR HUNDRED EIGHTY-THREE
OF THE GENERAL BUSINESS LAW:
(I) SPARKLING DEVICES WHICH ARE GROUND-BASED OR HAND-HELD DEVICES THAT
PRODUCE A SHOWER OF WHITE, GOLD, OR COLORED SPARKS AS THEIR PRIMARY
PYROTECHNIC EFFECT. ADDITIONAL EFFECTS MAY INCLUDE A COLORED FLAME, AN
AUDIBLE CRACKLING EFFECT, AN AUDIBLE WHISTLE EFFECT, AND SMOKE. THESE
DEVICES DO NOT RISE INTO THE AIR, DO NOT FIRE INSERTS OR PROJECTILES
INTO THE AIR, AND DO NOT EXPLODE OR PRODUCE A REPORT (AN AUDIBLE CRACK-
LING-TYPE EFFECT IS NOT CONSIDERED TO BE A REPORT). GROUND-BASED OR
HAND-HELD DEVICES THAT PRODUCE A CLOUD OF SMOKE AS THEIR SOLE PYROTECH-
NIC EFFECT ARE ALSO INCLUDED IN THIS CATEGORY. TYPES OF DEVICES IN THIS
CATEGORY INCLUDE:
(A) CYLINDRICAL FOUNTAIN: CYLINDRICAL TUBE CONTAINING NOT MORE THAN 75
G OF PYROTECHNIC COMPOSITION THAT MAY BE CONTAINED IN A DIFFERENT SHAPED
EXTERIOR SUCH AS A SQUARE, RECTANGLE, CYLINDER OR OTHER SHAPE BUT THE
INTERIOR TUBES ARE CYLINDRICAL IN SHAPE. UPON IGNITION, A SHOWER OF
COLORED SPARKS, AND SOMETIMES A WHISTLING EFFECT OR SMOKE, IS PRODUCED.
THIS DEVICE MAY BE PROVIDED WITH A SPIKE FOR INSERTION INTO THE GROUND
(SPIKE FOUNTAIN), A WOOD OR PLASTIC BASE FOR PLACING ON THE GROUND (BASE
FOUNTAIN), OR A WOOD OR CARDBOARD HANDLE TO BE HAND HELD (HANDLE FOUN-
TAIN). WHEN MORE THAN ONE TUBE IS MOUNTED ON A COMMON BASE, TOTAL PYRO-
TECHNIC COMPOSITION MAY NOT EXCEED 200 G, AND WHEN TUBES ARE SECURELY
ATTACHED TO A BASE AND THE TUBES ARE SEPARATED FROM EACH OTHER ON THE
BASE BY A DISTANCE OF AT LEAST HALF AN INCH (12.7 MILLIMETERS), A MAXI-
MUM TOTAL WEIGHT OF 500 G OF PYROTECHNIC COMPOSITION SHALL BE ALLOWED.
(B) CONE FOUNTAIN: CARDBOARD OR HEAVY PAPER CONE CONTAINING NOT MORE
THAN 50 G OF PYROTECHNIC COMPOSITION. THE EFFECT IS THE SAME AS THAT OF
A CYLINDRICAL FOUNTAIN. WHEN MORE THAN ONE CONE IS MOUNTED ON A COMMON
BASE, TOTAL PYROTECHNIC COMPOSITION MAY NOT EXCEED 200 G, AS IS OUTLINED
IN THIS SUBPARAGRAPH.
(C) ILLUMINATING TORCH: CYLINDRICAL TUBE CONTAINING NOT MORE THAN 100
G OF PYROTECHNIC COMPOSITION THAT PRODUCES A COLORED FLAME UPON IGNITION
AND MAY HAVE A SPIKE, BASE, OR HAND HELD FOUNTAIN. WHEN MORE THAN ONE
TUBE IS MOUNTED ON A COMMON BASE, TOTAL PYROTECHNIC COMPOSITION MAY NOT
EXCEED 200 G, AS IS OUTLINED IN THIS SUBPARAGRAPH.
(D) WHEEL: PYROTECHNIC DEVICE INTENDED TO BE ATTACHED TO A POST OR
TREE BY MEANS OF A NAIL OR STRING WHICH MAY HAVE ONE OR MORE DRIVERS,
EACH OF WHICH MAY CONTAIN NOT MORE THAN 60 G OF PYROTECHNIC COMPOSITION.
NO WHEEL MAY CONTAIN MORE THAN 200 G OF TOTAL PYROTECHNIC COMPOSITION.
UPON IGNITION, THE WHEEL REVOLVES, PRODUCING A SHOWER OF COLOR AND
SPARKS AND, SOMETIMES, A WHISTLING EFFECT.
(E) GROUND SPINNER: SMALL DEVICE CONTAINING NOT MORE THAN 20 G OF
PYROTECHNIC COMPOSITION, VENTING OUT AN ORIFICE USUALLY ON THE SIDE OF
THE TUBE AND IS SIMILAR IN OPERATION TO A WHEEL BUT INTENDED TO BE
PLACED FLAT ON THE GROUND AND IGNITED. A SHOWER OF SPARKS AND COLOR IS
PRODUCED BY THE RAPIDLY SPINNING DEVICE.
(F) FLITTER SPARKLER: NARROW PAPER TUBE ATTACHED TO A STICK OR WIRE
AND FILLED WITH NOT MORE THAN 5 G OF PYROTECHNIC COMPOSITION THAT

S. 4718--A 4

PRODUCES COLOR AND SPARKS UPON IGNITION. THE PAPER AT ONE END OF THE
TUBE IS IGNITED TO MAKE THE DEVICE FUNCTION.
(G) TOY SMOKE DEVICE: SMALL PLASTIC OR PAPER ITEM CONTAINING NOT MORE
THAN 100 G OF PYROTECHNIC COMPOSITION THAT, UPON IGNITION, PRODUCES
WHITE OR COLORED SMOKE AS THE PRIMARY EFFECT. TOY SMOKE DEVICES, WHEN
COMPLYING WITH THE PROVISIONS OF THIS SECTION, ARE CLASSED AS FIREWORKS,
1.4G UNLESS CLASSED AS 1.4S OR NOT REGULATED AS AN EXPLOSIVE ON THE
BASIS OF EXAMINATION AND TESTING AS SPECIFIED IN TITLE 49 CFR, S 173.56.
(H) WOODEN SPARKLER/DIPPED STICK: THESE DEVICES CONSIST OF A WOOD
DOWEL THAT HAS BEEN COATED WITH PYROTECHNIC COMPOSITION. UPON IGNITION
OF THE TIP OF THE DEVICE, A SHOWER OF SPARKS IS PRODUCED. SPARKLERS MAY
CONTAIN UP TO 100 G OF PYROTECHNIC COMPOSITION PER ITEM.
(I) MULTIPLE TUBE DEVICES CONTAINING MORE THAN ONE CARDBOARD TUBE: THE
IGNITION OF ONE EXTERNAL FUSE CAUSES ALL OF THE TUBES TO FUNCTION IN
SEQUENCE. THE TUBES ARE EITHER INDIVIDUALLY ATTACHED TO A WOOD OR PLAS-
TIC BASE, OR ARE DENSE-PACKED AND ARE HELD TOGETHER BY GLUE, WIRE,
STRING, OR OTHER MEANS THAT SECURELY HOLDS THE TUBES TOGETHER DURING
OPERATION. THE WEIGHT OF CHEMICAL COMPOSITION PER TUBE IS LIMITED TO THE
WEIGHT LIMIT FOR THE SPECIFIC TYPE OF DEVICE IN THE TUBE. THE CONNECTING
FUSES ON MULTIPLE TUBE DEVICES MUST BE FUSED IN SEQUENCE SO THAT THE
TUBES FIRE SEQUENTIALLY RATHER THAN ALL AT ONCE. WHEN THE TUBES ARE
SECURELY ATTACHED TO A WOOD OR PLASTIC BASE, AND THE TUBES ARE SEPARATED
FROM EACH OTHER ON THE BASE BY A DISTANCE OF AT LEAST HALF AN INCH (12.7
MILLIMETERS), A MAXIMUM TOTAL WEIGHT OF 500 G OF PYROTECHNIC COMPOSITION
SHALL BE PERMITTED FOR APPROVAL AS 1.4G, OR
(II) NOVELTIES WHICH DO NOT REQUIRE APPROVAL FROM USDOT AND ARE NOT
REGULATED AS EXPLOSIVES, PROVIDED THAT THEY ARE MANUFACTURED AND PACK-
AGED AS DESCRIBED BELOW:
(A) PARTY POPPER: SMALL DEVICES WITH PAPER OR PLASTIC EXTERIORS THAT
ARE ACTUATED BY MEANS OF FRICTION (A STRING OR TRIGGER IS TYPICALLY
PULLED TO ACTUATE THE DEVICE). THEY FREQUENTLY RESEMBLE CHAMPAGNE
BOTTLES OR TOY PISTOLS IN SHAPE. UPON ACTIVATION, THE DEVICE EXPELS
FLAME-RESISTANT PAPER STREAMERS, CONFETTI, OR OTHER NOVELTIES AND
PRODUCES A SMALL REPORT. DEVICES MAY CONTAIN NOT MORE THAN 16 MG (0.25
GRAINS) OF EXPLOSIVE COMPOSITION, WHICH IS LIMITED TO POTASSIUM CHLORATE
AND RED PHOSPHORUS. THESE DEVICES MUST BE PACKAGED IN AN INNER PACKAG-
ING WHICH CONTAINS A MAXIMUM OF SEVENTY-TWO DEVICES.
(B) SNAPPER: SMALL, PAPER-WRAPPED DEVICES CONTAINING NOT MORE THAN ONE
MILLIGRAM OF SILVER FULMINATE COATED ON SMALL BITS OF SAND OR GRAVEL.
WHEN DROPPED, THE DEVICE EXPLODES, PRODUCING A SMALL REPORT. SNAPPERS
MUST BE IN INNER PACKAGES NOT TO EXCEED FIFTY DEVICES EACH, AND THE
INNER PACKAGES MUST CONTAIN SAWDUST OR A SIMILAR, IMPACT-ABSORBING MATE-
RIAL.
(C) TOY SMOKE DEVICES: SMALL DEVICES CONSISTING OF CORK-LIKE SPHERES,
OR CARDBOARD OR PLASTIC TUBES, CONTAINING NOT MORE THAN 5 G OF PYROTECH-
NIC COMPOSITION THAT PRODUCES A SMALL CLOUD OF SMOKE AFTER ACTIVATION.
THE DEVICES ARE TYPICALLY IGNITED BY MEANS OF SAFETY FUSE. THE OUTER
CONFIGURATION IS USUALLY A SPHERE (SMOKE BALL), CYLINDRICAL TUBE, OR
PAPER CONE. THE CHEMICAL COMPOSITION FOR WHITE SMOKE CONSISTS OF POTAS-
SIUM NITRATE AND SULFUR, WHILE COLORED SMOKES ARE PRODUCED BY MIXTURES
CONSISTING OF POTASSIUM CHLORATE, SULFUR OR SUGAR, AND A SUBLIMABLE
ORGANIC DYE. MIXTURES CONTAINING POTASSIUM CHLORATE MUST ALSO CONTAIN A
NEUTRALIZER/COOLANT SUCH AS SODIUM BICARBONATE. TO BE ELIGIBLE FOR
UNREGULATED STATUS, THESE DEVICES MUST PRODUCE SMOKE AS THEIR SOLE
PYRO-TECHNIC EFFECT FOLLOWING IGNITION, AND MUST BE PACKAGED IN INNER
UNITS CONTAINING A MAXIMUM OF SEVENTY-TWO DEVICES.

S. 4718--A 5

(D) SNAKES, GLOW WORM: PRESSED PELLETS OF PYROTECHNIC COMPOSITION THAT
CONTAIN 2 G OR LESS OF COMPOSITION PER ARTICLE. UPON BURNING, THEY
PRODUCE A SNAKE-LIKE ASH THAT EXPANDS IN LENGTH AS THE PELLET BURNS.
CHEMICAL COMPOSITIONS VARY, BUT TYPICALLY CONTAIN AMMONIUM PERCHLORATE,
NITRATE PITCH, ASPHALTUM, AND SIMILAR CARBONACEOUS MATERIALS. THESE
DEVICES ARE LIMITED TO A MAXIMUM OF TWENTY-FIVE PELLETS PER INNER PACK-
AGE IN ORDER TO BE TRANSPORTED AS NOT REGULATED DEVICES.
(E) WOODEN SPARKLER/DIPPED STICKS: THESE DEVICES CONSIST OF A WOOD
DOWEL THAT HAS BEEN COATED WITH PYROTECHNIC COMPOSITION. UPON IGNITION
OF THE TIP OF THE DEVICE, A SHOWER OF SPARKS IS PRODUCED. SPARKLERS MAY
CONTAIN UP TO 100 G OF COMPOSITION PER ITEM. SPARKLERS TYPICALLY USE
BARIUM NITRATE AS THE OXIDIZER, WITH ALUMINUM AND DEXTRINE AS FUELS.
IRON FILINGS PRODUCE THE SPARK EFFECT. COLOR-PRODUCING SPARKLERS USE
POTASSIUM PERCHLORATE OXIDIZER. ANY SPARKLER CONTAINING A CHLORATE OR
PERCHLORATE AS AN OXIDIZER IS LIMITED TO A MAXIMUM OF 5 G OF COMPOSITION
PER ARTICLE. SPARKLERS MUST BE PACKAGED IN INNER PACKAGING THAT CONTAIN
EIGHT DEVICES OR LESS TO BE TRANSPORTED AS NOT REGULATED DEVICES, OR
(III) TOY PLASTIC OR PAPER CAPS FOR TOY PISTOLS IN SHEETS, STRIPS,
ROLLS, OR INDIVIDUAL CAPS, CONTAINING NOT MORE THAN AN AVERAGE OF 0.25
GRAINS (16 MG) OF EXPLOSIVE COMPOSITION PER CAP. TOY CAPS ARE DESCRIBED
AS TOY CAPS NA0037 AND CLASSED AS 1.4S. TOY CAPS SHALL ONLY BE APPROVED
FOR TRANSPORTATION USING THE PROCEDURE SPECIFIED IN TITLE 49 CFR, S
173.56(B).
2. OFFENSE. (A) EXCEPT AS HEREIN OTHERWISE PROVIDED, OR EXCEPT WHERE A
PERMIT IS OBTAINED PURSUANT TO SECTION 405.00 OF THIS CHAPTER; (I) ANY
PERSON WHO SHALL OFFER OR EXPOSE FOR SALE, SELL OR FURNISH, ANY
FIRE-WORKS OR DANGEROUS FIREWORKS IS GUILTY OF A CLASS B MISDEMEANOR;
(II) ANY PERSON WHO SHALL OFFER OR EXPOSE FOR SALE, SELL OR FURNISH
ANY FIREWORKS OR DANGEROUS FIREWORKS VALUED AT FIVE HUNDRED DOLLARS OR
MORE SHALL BE GUILTY OF A CLASS A MISDEMEANOR;
(III) ANY PERSON WHO SHALL POSSESS, USE, EXPLODE OR CAUSE TO EXPLODE
ANY FIREWORKS OR DANGEROUS FIREWORKS IS GUILTY OF A VIOLATION;
(IV) ANY PERSON WHO SHALL OFFER OR EXPOSE FOR SALE, SELL OR FURNISH,
ANY DANGEROUS FIREWORKS, FIREWORKS OR DEVICES AS DEFINED IN PARAGRAPH
(C-1) OF SUBDIVISION ONE OF THIS SECTION TO ANY PERSON WHO IS UNDER THE
AGE OF EIGHTEEN IS GUILTY OF A CLASS A MISDEMEANOR.
(B) A PERSON WHO HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF
SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF THIS SUBDIVISION WITHIN THE
PRECEDING FIVE YEARS AND WHO SHALL OFFER OR EXPOSE FOR SALE, SELL OR
FURNISH, ANY DANGEROUS FIREWORKS TO ANY PERSON WHO IS UNDER THE AGE OF
EIGHTEEN, SHALL BE GUILTY OF A CLASS E FELONY.
(C) POSSESSION OF FIREWORKS OR DANGEROUS FIREWORKS VALUED AT ONE
HUNDRED FIFTY DOLLARS OR MORE SHALL BE A PRESUMPTION THAT SUCH FIREWORKS
WERE INTENDED TO BE OFFERED OR EXPOSED FOR SALE.
3. EXCEPTIONS. (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO:
(I) FIREWORKS, DANGEROUS FIREWORKS, AND DEVICES DEFINED IN PARAGRAPH
(C-1) OF SUBDIVISION ONE OF THIS SECTION WHILE IN POSSESSION OF RAIL-
ROADS, COMMON OR CONTRACT CARRIERS, RETAILERS, WHOLESALERS, DISTRIBU-
TORS, JOBBERS AND TRANSPORTATION COMPANIES OR TRANSPORTATION AGENCIES
FOR THE PURPOSE OF TRANSPORTATION TO POINTS WITHOUT THE STATE, THE SHIP-
MENT OF WHICH IS NOT PROHIBITED BY INTERSTATE COMMERCE COMMISSION REGU-
LATIONS AS FORMULATED AND PUBLISHED FROM TIME TO TIME, UNLESS THEY BE
HELD VOLUNTARILY BY SUCH RAILROADS, COMMON OR CONTRACT CARRIERS, RETAIL-
ERS, WHOLESALERS, DISTRIBUTORS, JOBBERS AND TRANSPORTATION AGENCIES OR
TRANSPORTING COMPANIES AS WAREHOUSEMEN FOR DELIVERY TO POINTS WITHIN THE
STATE;

S. 4718--A 6

(II) SIGNALING DEVICES USED BY RAILROAD COMPANIES OR MOTOR VEHICLES
REFERRED TO IN SUBDIVISION SEVENTEEN OF SECTION THREE HUNDRED
SEVENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW;
(III) HIGH EXPLOSIVES FOR BLASTING OR SIMILAR PURPOSES;
(IV) FIREWORKS, DANGEROUS FIREWORKS AND DEVICES DEFINED IN PARAGRAPH
(C-1) OF SUBDIVISION ONE OF THIS SECTION FOR THE USE THEREOF BY THE
UNITED STATES MILITARY, AND DEPARTMENTS OF THE STATE AND FEDERAL GOVERN-
MENT;
(V) THE USE, TRANSPORTATION AND STORAGE OF FIREWORKS, DANGEROUS FIRE-
WORKS AND DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF THIS
SECTION AND SPECIAL EFFECTS MATERIALS IN CONNECTION WITH THE PRODUCTION
OF MOTION PICTURES, TELEVISION PROGRAMS, COMMERCIALS, AND ALL ENTER-
TAINMENT MEDIA RECORDED IN ANY CURRENT OR TO BE DESIGNED FORMAT WHEN
SUCH USE, TRANSPORTATION AND STORAGE HAS BEEN APPROPRIATELY PERMITTED BY
THE LOCAL GOVERNMENTAL SUBDIVISION HAVING JURISDICTION.
(B) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT:
(I) ANY MANUFACTURER, WHOLESALER, RETAILER, DEALER OR JOBBER FROM
MANUFACTURING, POSSESSING OR SELLING AT WHOLESALE A DEVICE DEFINED IN
PARAGRAPH (C-1) OF SUBDIVISION ONE OF THIS SECTION TO MUNICIPALITIES,
RELIGIOUS OR CIVIC ORGANIZATIONS, FAIR ASSOCIATIONS, AMUSEMENT PARKS, OR
OTHER ORGANIZATIONS AUTHORIZED BY THE STATE TO STORE, TRANSPORT, POSSESS
AND USE OR TO INDIVIDUALS TO STORE, TRANSPORT, POSSESS AND USE;
(II) THE SALE OR USE OF BLANK CARTRIDGES FOR A MOTION PICTURE, TELE-
VISION PROGRAM, COMMERCIAL AND ALL ENTERTAINMENT MEDIA, OR FOR SIGNAL
PURPOSES IN ATHLETIC SPORTS, OR FOR DOG TRIALS OR DOG TRAINING;
(III) THE USE, STORAGE, TRANSPORTATION OR SALE OR TRANSFER FOR USE OF
FIREWORKS AND DEVICES DEFINED IN PARAGRAPH (C-1) OF SUBDIVISION ONE OF
THIS SECTION IN THE PREPARATION FOR OR IN CONNECTION WITH MOTION
PICTURES, TELEVISION PROGRAMS, COMMERCIALS, AND ALL ENTERTAINMENT MEDIA
RECORDED IN ANY CURRENT OR TO BE DESIGNED FORMAT WHEN SUCH USE, TRANS-
PORTATION AND STORAGE HAS BEEN APPROPRIATELY PERMITTED BY THE LOCAL
GOVERNMENTAL SUBDIVISION HAVING JURISDICTION; OR
(IV) THE MANUFACTURE OR SALE OF DEVICES DEFINED IN PARAGRAPH (C-1) OF
SUBDIVISION ONE OF THIS SECTION PROVIDED THEY ARE TO BE SHIPPED DIRECTLY
OUT OF SUCH CITY AND ANY SUCH ITEMS ARE SOLD IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE.
S 2. Subdivision 5 of section 405.00 of the penal law is amended to
read as follows:
5. Local ordinances superseded. (A) All local ordinances regulating or
prohibiting the display of fireworks are hereby superseded by the
provisions of this section. Every city, town or village shall have the
power to enact ordinances or local laws regulating or prohibiting the
use, or the storage, transportation or sale for use of fireworks in the
preparation for or in connection with television broadcasts.
(B) FURTHER, NO CITY, MUNICIPALITY OR OTHER LOCAL JURISDICTION SHALL
ENACT A LOCAL LAW THAT IS INCONSISTENT WITH THE PROVISIONS OF SECTION
270.00 OF THIS CHAPTER NOR TO REGULATE DEVICES DEFINED IN PARAGRAPH
(C-1) OF SUBDIVISION ONE OF SECTION 270.00 OF THIS CHAPTER THAT IS IN
CONFLICT WITH THE PROVISIONS OF NFPA 1124, 2006 EDITION OR LATER.
S 3. Subdivision 19 of section 156 of the executive law, as renumbered
by chapter 615 of the laws of 2006, is renumbered subdivision 20 and a
new subdivision 19 is added to read as follows:
19. LICENSE THE MANUFACTURERS, DISTRIBUTORS, WHOLESALERS, RETAILERS
AND SEASONAL RETAILERS OF SPARKLING DEVICES WHO WISH TO DO BUSINESS
WITHIN THE STATE.

S. 4718--A 7

S 4. The executive law is amended by adding a new section 156-h to
read as follows:
S 156-H. REGISTRATION AND FEES FOR MANUFACTURERS, DISTRIBUTORS, WHOLE-
SALERS, AND RETAILERS OF SPARKLING DEVICES. 1. DEFINITIONS. AS USED IN
THIS SECTION, THE TERM:
(A) "DISTRIBUTOR" MEANS ANY PERSON OR ENTITY ENGAGED IN THE BUSINESS
OF SELLING SPARKLING DEVICES TO WHOLESALERS, SPECIALTY RETAILERS, PERMA-
NENT RETAILERS OR TEMPORARY SEASONAL RETAILERS FOR RESALE.
(B) "MANUFACTURER" MEANS ANY PERSON OR ENTITY ENGAGED IN THE MANUFAC-
TURE OR CONSTRUCTION OF SPARKLING DEVICES.
(C) "SPECIALTY RETAILER" MEANS ANY PERSON OR ENTITY WHO, AT A FIXED
PLACE OF BUSINESS, IS ENGAGED SOLELY IN SELLING SPARKLING DEVICES AT
RETAIL. FOR PURPOSES OF THIS SECTION, A PERSON OR ENTITY IS ENGAGED
SOLELY IN SELLING SPARKLING DEVICES IF FIFTY-ONE PERCENT OR MORE OF SUCH
PERSON'S OR ENTITY'S ANNUAL GROSS SALES ARE FROM THE SALE OF SPARKLING
DEVICES.
(D) "PERMANENT RETAILER" MEANS ANY PERSON OR ENTITY WHO, AT A FIXED
PLACE OF BUSINESS, IS ENGAGED IN SELLING SPARKLING DEVICES AT RETAIL.
(E) "SPARKLING DEVICES" MEANS ANY ITEM DEFINED IN SUBPARAGRAPH (I) OF
PARAGRAPH (C-1) OF SUBDIVISION ONE OF SECTION 270.00 OF THE PENAL LAW.
(F) "TEMPORARY SEASONAL RETAILER" MEANS ANY PERSON OR ENTITY WHO, AT A
TEMPORARY STAND OR TENT, IS ENGAGED IN SELLING SPARKLING DEVICES FROM
JUNE TWENTIETH THROUGH JULY FIFTH OR FROM DECEMBER TENTH THROUGH JANUARY
SECOND OF EACH YEAR AT RETAIL.
(G) "WHOLESALER" MEANS ANY PERSON OR ENTITY ENGAGED IN THE BUSINESS OF
SELLING SPARKLING DEVICES TO SPECIALTY RETAILERS, PERMANENT RETAILERS OR
TEMPORARY SEASONAL RETAILERS AT WHOLESALE.
2. REGISTRATION REQUIREMENTS. ANY MANUFACTURER, DISTRIBUTOR, WHOLE-
SALER, SPECIALTY RETAILER, PERMANENT RETAILER OR TEMPORARY SEASONAL
RETAILER OF SPARKLING DEVICES WHO WISHES TO DO BUSINESS IN THIS STATE OR
TO OTHERWISE SELL, SHIP, OR ASSIGN FOR SALE ITS PRODUCTS IN THIS STATE
MUST REGISTER ANNUALLY WITH THE OFFICE OF FIRE PREVENTION AND CONTROL ON
FORMS PRESCRIBED BY THE OFFICE. ANY SPECIALTY RETAILER, PERMANENT
RETAILER OR TEMPORARY SEASONAL RETAILER THAT SELLS SPARKLING DEVICES AT
MORE THAN ONE RETAIL LOCATION MAY SUBMIT ONE REGISTRATION FORM FOR ALL
SUCH LOCATIONS BUT MUST PROVIDE THE ADDRESS OF EACH LOCATION WITH THE
REGISTRATION FORM; HOWEVER, ANY RETAILER MAY SUBMIT MULTIPLE REGISTRA-
TION FORMS.
3. REGISTRATION FORM. THE REGISTRATION FORM FILED WITH THE OFFICE MUST
BE NOTARIZED AND MUST INCLUDE THE FOLLOWING INFORMATION: BUSINESS NAME;
ADDRESS; TELEPHONE NUMBER; OFFICERS, IF THE BUSINESS IS A CORPORATION;
AND AN INDIVIDUAL DESIGNATED AS A CONTACT PERSON.
4. FEES. (A) EACH MANUFACTURER, DISTRIBUTOR OR WHOLESALER MUST PAY AN
ANNUAL REGISTRATION FEE TO BE SET BY THE OFFICE NOT TO EXCEED FIVE THOU-
SAND DOLLARS. EACH SPECIALTY RETAILER MUST PAY AN ANNUAL REGISTRATION
FEE TO BE SET BY THE OFFICE NOT TO EXCEED TWO THOUSAND FIVE HUNDRED
DOLLARS. EACH PERMANENT RETAILER SHALL PAY AN ANNUAL REGISTRATION FEE TO
BE SET BY THE OFFICE NOT TO EXCEED TWO HUNDRED DOLLARS FOR EACH RETAIL
LOCATION REGISTERED. EACH TEMPORARY SEASONAL RETAILER MUST PAY A REGIS-
TRATION FEE TO BE SET BY THE OFFICE NOT TO EXCEED TWO HUNDRED FIFTY
DOLLARS PER SEASON. EACH CERTIFICATE-HOLDER WISHING TO HAVE A DUPLICATE
CERTIFICATE ISSUED FOR ONE WHICH IS LOST OR TO REFLECT A CHANGE OF
ADDRESS SHALL REQUEST SUCH DUPLICATE IN WRITING AND SHALL PAY A FEE OF
FIVE DOLLARS.

S. 4718--A 8

(B) REVENUE FROM REGISTRATION FEE PAYMENTS SHALL BE USED FOR THE
PURPOSES OF IMPLEMENTING FIREFIGHTER SAFETY AND TRAINING PROGRAMS AS
WELL AS REGISTRATION AND TESTING PROVISIONS OF THIS CHAPTER.
(C) NO CITY, MUNICIPALITY OR OTHER LOCAL JURISDICTION SHALL CHARGE ANY
FEE OR REQUIRE ANY PERMIT WHATSOEVER FOR THE SALE AND USE OF SPARKLING
DEVICES.
5. RECORD AND REPORTS. EACH MANUFACTURER, DISTRIBUTOR AND WHOLESALER
SHALL MAINTAIN AND MAKE AVAILABLE TO THE STATE FIRE ADMINISTRATOR, UPON
THE STATE FIRE ADMINISTRATOR'S REASONABLE REQUEST, FULL AND COMPLETE,
TRUE, AND ACCURATE RECORDS SHOWING THE NAME AND QUANTITY OF ANY SPARKL-
ING DEVICE PRODUCED IN, IMPORTED TO, EXPORTED FROM, OR SOLD IN THIS
STATE.
6. RULES. THE STATE FIRE ADMINISTRATOR SHALL PROMULGATE RULES
PRESCRIBING REGISTRATION FORMS REQUIRED BY THIS SECTION.
S 5. The general business law is amended by adding a new section 392-j
to read as follows:
S 392-J. SALES OF SPARKLING DEVICES. SALES OF SPARKLING DEVICES AS
DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH (C-1) OF SUBDIVISION ONE OF
SECTION 270.00 OF THE PENAL LAW SHALL BE LAWFUL ONLY FOR BUSINESS
LICENSED BY THE STATE UNDER SECTION ONE HUNDRED FIFTY-SIX-H OF THE EXEC-
UTIVE LAW BETWEEN JUNE FIRST AND JULY FIFTH OR FROM DECEMBER
TWENTY-SIXTH THROUGH JANUARY SECOND OF EACH YEAR.
S 6. This act shall take effect on the sixtieth day after it shall
have become a law.

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